R. v. Affleck

R. v. Affleck

Given contemporaneous observations of red, glossy bloodshot eyes, strong odor of alcohol, belligerent yelling that attracted and agitated a large alcohol‑consuming crowd, the arresting officers subjectively and objectively had reasonable and probable grounds to arrest for public intoxication under s.87 and s.111 Liquor Control Act; removal was necessary to prevent a nuisance/disturbance and the accused’s kicking while being arrested constituted assault on a peace officer under s.270(1)(a) Criminal Code.

Citation
2010 NSPC 51
Parties
Crown: Her Majesty the Queen; Accused: Amy Affleck
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 August 2010
Procedural Posture
Criminal / Trial — Judgment (guilty Finding)
Outcome
Accused found guilty of public intoxication and guilty of assaulting a peace officer
Legal Topics
Public Intoxication, Assaulting a Peace Officer, Reasonable and Probable Grounds, Arrest Without Warrant, Interpretation of 'intoxicated Condition'
Source Language
English
Criminal Law Administrative/regulatory Law Public Intoxication Assaulting a Peace Officer Reasonable and Probable Grounds Arrest Without Warrant Interpretation of 'intoxicated Condition'

Case Brief

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Parties

Her Majesty the Queen

Crown

Amy Affleck

Accused

Procedural Posture

Criminal / Trial — Judgment (guilty Finding)

Legal Issues

  1. 1 Was the accused in an "intoxicated condition" in a public place?
  2. 2 Did the arresting officers have reasonable and probable grounds to arrest without warrant?
  3. 3 Did resisting the arrest constitute assaulting a peace officer?

Ratio Decidendi

Given contemporaneous observations of red, glossy bloodshot eyes, strong odor of alcohol, belligerent yelling that attracted and agitated a large alcohol‑consuming crowd, the arresting officers subjectively and objectively had reasonable and probable grounds to arrest for public intoxication under s.87 and s.111 Liquor Control Act; removal was necessary to prevent a nuisance/disturbance and the accused’s kicking while being arrested constituted assault on a peace officer under s.270(1)(a) Criminal Code.

Court Disposition

Accused found guilty of public intoxication and guilty of assaulting a peace officer

Orders

  • Guilty of being intoxicated in a public place contrary to s.87(1) Liquor Control Act, R.S.N.S. 1989 c.260
  • Guilty of assaulting a peace officer contrary to s.270(1)(a) Criminal Code of Canada